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(영문) 창원지방법원 거창지원 2017.09.20 2017고단197
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 6, 2017, the Defendant, who is engaged in driving of Churd vehicle, driven the above vehicle on April 6, 2018, and driven the two-lane road in front of the E-cafeteria in D, Gyeongnam Development-gun, at a speed of about 52 km in speed from the side of the side to the upper side of the two-lanes.

At the time, it was night and its location was 30 km per hour at a speed limit, and thus, the driver of the vehicle had a duty of care to drive the vehicle in compliance with traffic order, such as: (a) the driver of the vehicle well sees the right and the right and the right; and (b) the driver of the vehicle.

Nevertheless, the Defendant neglected this and failed to discover the victim F(62) who crosses the road from the left side of the running direction to the right side at a speed of 52 km a speed exceeding 22 km a speed of speed at a speed exceeding that of 52 km a speed of speed, and thereby received the victim from the front part of the Defendant vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires medical treatment for about three months.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a survey report on actual condition (on-site photographs, the ledger of driver's licenses, and vehicle register);

1. Application of Acts and subordinate statutes to each investigation report (including attachment, on-site investigation, and attachment of photographs, confirmation of whether a serious injury has been inflicted, attachment of a medical certificate, degree of damage, agreement, etc.);

1. Relevant Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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